IMO- NO. What you are suggesting is a "collateral attack" on your traffic conviction. No state allows this. If you had a statutory time to appeal and missed it for a valid reason or the time to appeal was suspended due to COVID you should hire an attorney to represent you and make the...Read more »
If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work...Read more »
i got two tickets in carol stream IL on October 29th, 2020 my court date on the ticket said January 26th 2021. but then in the mail i got a new date saying September 29th 2021, this is very far away and over 60 days by a lot its over more than 200! so I'm wondering if I can ask for dismissal... Read more »
I have heard these types of arguments in the past and they have failed each and every time. Also, due to COVID, this type of argument will absolutely fail. Regardless, you will want to appear and see what happens in court. At the very least you will want to ask for Court Supervision.
This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.
I received a supoena for IL estate court for my deceased father's estate & and I am concerned for my health (asthmatic) & my spouse at home with prexisting health issues. If I raise this concern, can I be relieved from attending?
Call the lawyer that subpoenaed you. Or the Circuit Clerk's office in the county where you are supposed to testify. Ask if you can appear by zoom instead. Although you are in Benton, I am not sure in what county you are supposed to testify. We have Zoom court for most civil things in...Read more »
My friend was arrested for the first time for residential burglary it’s obviously her fist offense she had bond court and was released with ibond she had another court could she be arrested to serve time? Or could she do community service hours?
I recently told the kids father that now that school is starting back they need to be home during the week for school and tutoring and he can spend time every weekend. Well he doesnt agree with my decision and I fear he wont bring them home because of my decision. Never been to court for anything... Read more »
If your former partner is on the birth certificate he is legally presumed in the absence of a challenge to be the child’s father. You both have a theoretical right of equal status to choose how to parent (such as deciding what times the child will be with which of you and the making of any...Read more »
If you are behind in rent you should have gotten a 5 day notice to quit from the landlord, which basically says move out or pay up. After that period is completed and you have not paid up, then you are sort of a squatter. I imagine this is your situation. then you have to be served with eviction...Read more »
The attorney (friend of one heir) keeps returning to court, has not expeditiously settled this and does not relate information to the heirs. He insists it’s due to IRS tax due but the payment was recently returned from the IRS to the estate administrator. Please advise how we can finish this.... Read more »
It is difficult to answer your question. When the administrator was appointed, the court would have ordered the estate as supervised or independent. If supervised, then the administrator is responsible to file an inventory and regular accounts. It does not sound as if that has been done. Anytime...Read more »
I’ve been wearing the required mask at work since March 2020. We were informed it is now a requirement for employment. I do not work in the general public. I’ve reported to my manager of having a sore scratchy throat, & congestion, but now it’s a burning in my chest with trouble breathing... Read more »
I'm sorry for your situation. You should go to the doctor and you should get tested. There is no clear evidence that reinfection is not possible. You described symptoms that your employer may believe warrants a test for the virus. You do not have to go to the doctor, but your employer may...Read more »
I am a sole proprietary business owner and married. I started my home business in August of 2019 and I work another job. The business has taken a hit due to COVID because most of the income is generated in-person sales. I was thinking of filing a chapter 7 but I was unsure how that could impact... Read more »
In Illinois a homeowner is entitled to an exemption for their home. The exemption amount is $15,000 per person - so $30,000 if a married couple (assuming both spouses file). Since you are married, if you have more than $30,000 in equity, then you may have issues. If you have less than $30,000 in...Read more »
Hi, this depends on the size of your husband's employer. If they have less than 500 employees, he is eligible to receive up to two weeks (up to 80 hours) of paid sick leave at his regular rate of pay if he is unable to work due to being quarantined or experiencing COVID-19 symptoms and seeking...Read more »
Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »
The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to...Read more »
Come back in August from my department of which I was a salary manager they said yes but are taking my salary and manager title from me. But I have never had any type of verbal warning, written warning there should not be one thing in my employment file that would warrant or constitute them from... Read more »
I'm sorry for your situation. It's not clear what type of discrimination you are claiming here. You may be able to claim family responsibilities discrimination, otherwise known as caregiver discrimination. You would need to show that the employer reduced your pay and position, because of...Read more »
Hi, do you have any employment contract or agreement that you signed? Sometimes employers have non-compete provisions in those agreements that would subject you to litigation if you accepted another job and were in violation of it. Otherwise, generally speaking there is no law precluding you from...Read more »
My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... Read more »
If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.
The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... Read more »
Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please...Read more »
She ran over a motorcyclist, was cited, and currently FTA 30 day notice for court. She is paying her bills twice. Lost her cell phone 4 times in 3 months. Shift in behavior. since she is unable to manage some of her bills, she calls me, and I am unable to help since no POA. I was asked by her... Read more »
In order to have someone declared incompetent, you will need to file for guardianship. Yes, you will need a lawyer, because this process is too complicated for you to be successful without one. Also, you listed this question under Washington DC. If you do not live in IL, you will have a hard time...Read more »
I received a speeding ticket back in April when this pandemic situation was going on, officer said he clocked me at 49 on a 25, I tried explaining the officer I was on an emergency reason to me speeding and I wasn’t unaware how fast I was going, also officer did not pull me over until I already... Read more »
If you cannot afford a lawyer then call the Clerk of the Court where the ticket is assigned and ask them how to set your case for a traal. With the COVID closures every courthouse has different rules. Once it is set for a trial you have to plead and explain your case to the judge.
That depends on the type of speeding ticket and the courthouse where it is assigned. If your ticket is not marked as “must appear” or required court appearance, you should have been given instructions along with your ticket. The instructions may be an envelope or on the back of your ticket. If...Read more »
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